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Post-employment Restrictions
1. Concept “Post-employment restrictions” – refer to limitations imposed on former employees after exiting employment in relation to their next work or business, as well as what they can say about their previous work which may be sensitive or confidential. a. Purpose of post-employment restrictions There are several purposes of post-employment restrictions, to wit: 1)…
Cases: Installation of Labor-Saving Devices
1. Management prerogative ABAPO v. CA, G.R. No. 114952, 29 January 1996 [Background] • Sometime in 1991, [the Company] conducted a viability study of its business operations and adopted a modernization program. Respondent then brought into the Mandaue plant high-speed machines to be used in the manufacture of its beer. These machines were installed in…
Email as Employment Contract
Employment contracts are consensual in nature. If all of the three essential requisites to a contract are present in an email, then an employment contract may be be formed. 1. Employment contracts are consensual under PH Labor Law Unknown to many, PH Labor Law classifies employment contracts as consensual, as opposed to formal or written…
Computation of Night Shift Differential Pay
If covered employees perform work on a night shift designated by law, they are entitled to a night shift differential pay of at least 20% their hourly rate for those in the Government service and 10% for those in the private sector. 1. Computation These are the steps on how to compute for the night…
Cases: Serious Misconduct
1. Sexual Harassment Sexual harassment is “an imposition of misplaced ‘superiority’ which is enough to dampen an employee’s spirit and her capacity for advancement. It affects her sense of judgment; it changes her life.” (Domingo v. Rayala, G.R. No. 155831, 18 February 2008) In one case, the Supreme Court expressed in strong terms that sexual…
Closure or Cessation of Business
1. Concept (c) “Closure or Cessation of Business” refers to the complete or partial cessation of the operations and/or shut-down of the establishment of the employer. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF 2015, Rule I-A, Section 4) Closure of a business or undertaking due to business losses is the reversal of fortune of the…
